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№ 3 2006
Jurisprudence
Azarov V.A. CRIMINAL AND PROCEDURAL IDEOLOGY AND PHRASEOLOGY OF THE SAME NAMEThis article is devoted to the criticism of modern criminal and procedural ideology and phraseology of the same name, which demands essential correction of general part of Criminal and Procedural Code, regarding to tasks, principals, procedural status of state representatives in criminal legal procedure.
Andreeva O.I. LAWS AND LEGAL INTERESTS DEFENSE OF PERSONS, SUFFERED FROM CRIME COMMITMENT, REGARDING TO THE CASES CATEGORY OF PRIVATE PROSECUTION: MYTH OR REALITY?This article is devoted to the problems of laws and legal interests defense of persons, suffered from crime commitment, regarding to the cases category of private prosecution.
Arabulin D.T. WITNESS IN CRIMINAL PROCEDURE (SOME PECULIARITIES OF PROCEDURAL STATUS)Some peculiarities of person participation as a witness, his ability for evidences giving are regarded in this article. Besides, transformation of the procedural status of defendant to the status of witness at detachment from criminal case to separate procedure of another criminal case is analyzed and called in question.
Afonichkina N.V. ABOUT THE PROBLEM OF NECESSARY LEVEL OF SCIENTIFIC WORKING OUT OF LAW REALIZATION IN THE SPHERE OF PERSONAL RIGHTS AT INTERACTION OF INTERNATIONAL AND DOMESTIC LAWThe problem of personal law realization at interaction of international and domestic law is analyzed in this article.
Balakshin V.S. OTHER PROCEDURAL ACTIONS AS CRIMINAL AND PROCEDURAL MEANS OF PROVINGThe problems of concepts, types and procedural forms of course fixation and results of "other procedural actions", which can be used by subjects of proving during the process of criminal and procedural proving, are regarded in this article. The author pays attention to the legislative regulation gaps of this type of actions and emerged as a consequence difficulties in law-enforcement practice at appraisal of evidences got in such way from the point of view of its permissibility. The suggestions of current legislation perfection are formed here according to the researches results.
Baranov A., Suprun S. THE MOMENT OF REAL ARREST OF SUSPECTThe concepts "arrest of suspect" and "moment of real arrest" are regarded in this article as the insufficient distinctness of real arrest moment content causes different approaches in practical activity.
Vinitsky L.V. EVIDENCES EXAMINATION ON THE PLACE ACCORDING TO CRIMINAL AND PROCEDURAL CODE OF THE RUSSIAN FEDERATIONImportant problems for science, regarding to the taking of such investigative action as evidences examination according to Criminal and Procedural Code of RF are considered in this article.
Volkolup O.V. JUSTICE AS A FUNDAMENTAL BEGINNING OF CRIMINAL LEGAL PROCEDUREThe urgent question about justice as a fundamental beginning of criminal legal procedure is regarded in this article. The state determined the priority of private interests’ defense, moved away questions of public interests’ defense on the second plan. As a result of this it is reasonably according to the author’s opinion to form the principle of combination of public and private beginnings at legal procedure.
Volodina L.M. THE PROBLEMS OF GUARANTEES AT CRIMINAL PROCESSThe problems of criminal and procedural guarantees at providing participants of criminal process with rights are considered in this article.
Volynskaya O.V. CORRELATION OF LEGALITY AND COMMON SENSE AT CRIMINAL PROSECUTION STOPPING ACCORDING TO THE ARTICLE 427 OF CRIMINAL AND PROCEDURAL CODE OF RFThe problems concerning juridical basis of criminal prosecution stopping regarding to adult persons are considered in this article.
Grishina E.V. CONCEPTUAL, LEGAL AND MORAL ASPECTS OF EXPERTS’ PARTICIPATION IN CRIMINAL LEGAL PROCEDUREImportant and conceptual problems of experts’ participation in criminal process are regarded in this article. Legislator denoted experts’ attracting for solution of some questions not enough. From this at the present time the problematic questions of experts’ attracting for questions solution of legal character cause wide discussions of researchers. The author proved not only theoretically, but practically confirmed her problem solution according to the results of questioning.
Guskova A.P. TO THE QUESTION OF MODERN FUNCTION "PROTECTIVE" OF CRIMINAL LEGAL PROCEDUREThe questions of appellation substantiation of general function of criminal legal procedure as protective instead of pedagogical-preventive are regarded in this article.
Dezhnev A.S. SOCIAL AND LEGAL OBSTACLES TO THE PRODUCTION OF INVESTIGATIVE ACTIONS CONNECTING WITH ENTERING INTO HABITATIONThe problems which wound disputable questions of proving, regarding social and legal character such investigative actions as search and seizure in habitation are considered in this article.
Dyck A.G. SUBJECT AND REASON OF CIVIL COMPLAINT IN CRIMINAL PROCESSThis article is devoted to the composite parts of civil complaint which are subject and reason of civil compliant in criminal process.
Dyadkin D.S. SYSTEM AND TYPES OF PUNISHMENTS ACCORDING TO THEORY OF ITS FUNCTIONThe problems of contents determination of punishments system and its specific classification according to theory of its function are considered in this article.
Enikeev Z.D. SPECIAL STATUS OF UNIVERSALLY RECOGNIZED PRINCIPALS AND NORMS OF INTERNATIONAL LAW AND THE PROBLEMS OF ITS REALIZATION IN RUSSIAN CRIMINAL AND PROCEDURAL LEGAL PROCEDUREThis article is devoted to the analysis of special status of universally recognized principals and norms of international law and connected with it problems of its realization in Russian criminal and procedural legal procedure.
Zaitsev O.A. CONCEPTION OF STATE DEFENSE OF CRIMINAL LEGAL PROCEDURE PARTICIPANTS IN THE RUSSIAN FEDERATIONThis article is devoted to the problems of state defense conception of criminal legal procedure participants in the Russian Federation.
Ignatov S.D., Isakov A.V. THE ROLE OF ADVOCATE AT APPEAL AND RECONSIDERATION OF SENTENCES, WHICH DO NOT COME INTO LEGAL FORCE: SOME ASPECTS OF PROCEDURAL POSITION AND APPOINTMENT OF PARTICIPATIONAppointment of advocate participation from the point of view of its procedural position is regarded in this article. The conclusions which are necessary for further perfection of legislation, guaranteeing convict (warranted) the realization of law on defense are formed in this article too.
Karyakin E.A. SOME RESEARCH PROBLEMS OF PROVING OF PROSECUTION SIDE DURING ADVERSARY PROCEEDINGThe problems connected with research of evidences at judicial enquiry, which is the central part of court examination, are regarded in this article. The concrete suggestions directed on quality increase of public prosecutor participation at judicial enquiry in conditions of controversy at realizing of principals of publicity, oralty and spontaneity of evidences investigation, are formed here too.
Kovtun N.N. ABOUT DISPUTABLE QUESTIONS OF ORDER OF PRELIMINARY HEARING AT CRIMINAL CASES PASSED BY JUDGESThe author gives great attention in this article to the complicated scientific problems of criminal and procedural law connected with optimality of normative regulating of case preparation to judicial sitting stage.
Konin V.V. JURY: CONFLICT AT JUDICIAL ENQUIRYThe institution of lay people in Russia passed a long period of its second revival. Recovery of this institution had the aim to guarantee the realization of constitutional principal of sides’ controversy at criminal legal procedure. And, as practice showed, this aim was reached.
Kudryavtseva A.V. UNDERSTANDING OF TRUTH AT PROCEDURAL BRANCHES OF LAW AS REPRESENTATION OF GYNECOLOGICAL MODELS OF PERCEPTION This article is devoted to the disputable scientific question of modern understanding of truth at procedural branches of law.
Kuznetsova O.D. CASE RETURN TO PUBLIC PROCURATOR: THE PROBLEMS OF SIDES’ EQUALITY AND LEGALITY PRINCIPLE REALIZATIONJudicial practice discovers the necessity of problem discus of criminal case return to public procurator and correlation of this institution with principals of controversy and legality. The results of such discussion can be more convincing if to analyze consequences of exception of case direction for additional investigation production institution from criminal and procedural law.
Maksurov A.A. THE ROLE OF OFFICIAL JURIDICAL INTERPRETATION IN EFFECTIVENESS INCREASE OF COORDINATING PRACTICEThe problems of juridical interpretation as a mode of effectiveness increase of coordinating juridical practice, which are used at these modes of interpretation, are regarded in this article. At the same time it is marked in the material that the interpretation juridical practice must be coordinated. The examples of juridical practice of courts and law machinery are given here.
Mishchenko E.V. THE PROBLEMS OF PRETRIAL PRODUCTION AT CASES OF USE OF MEDICAL CHARACTER COMPULSORY MEASURES This article is devoted to the important problems of pretrial production at cases of use of medical character compulsory measures, where the subjects of these measures use are persons, committed an action in state of irresponsibility.
Muratova N.G. REWARD OF INNOCENT IN CRIMINAL PROCESS: HISTORICAL TRADITIONS AND CONTEMPORANEITYThe problems of the concept "reward" in criminal process, known from the history of the Russian Pravda that reward is collection "for insult" of victim, are regarded in this article.
Nigmatullin R.V. IMPORTANT PROBLEMS OF PERSONAL SECURITY GUARANTEE IN INTERPOL ACTIVITYThe problems of personal security guarantee in activity of International organization of criminal police – Interpol according to the base of typical agreement of extradition are regarded in this article.
Nikolyuk V.V. JUDICIAL CONTROL FOR SERVING OF A SENTENCEDisputable scientific questions regarding to judicial control for serving of a sentence are considered in this article.
Petrov A.V. THE SYSTEM OF SOVIET MILITIA: THE PROBLEM OF DEVELOPMENT DURING 1919-1921 (REGIONAL ASPECT)This article is devoted to the system of soviet militia at 1919-1921 and problem questions of its development on the level of regional aspect.
Rossinsky S.B. CRIMINAL AND PROCEDURAL FORM: CONCEPT AND TENDENCY OF DEVELOPMENTThis article is devoted to the criminal and procedural form, which is one of the most important categories of science of criminal and procedural law.
Samatov O.Zh. MODERN LEGAL REDRESS AND OTHER FORMS OF LEGAL COLLABORATION OF CIS COUNTRIESThe important problems of international collaboration of CIS countries competent bodies are regarded in this article. If today their collaboration directs on guarantee of security of rights and interests of a person and a citizen, the defense is represented as multifold legal phenomenon demanded specification of its some conditions. Firstly, such concept as extradition is not completely represented, because of it some times this concept is understood as an offender’s giving out, in this case the author proves his view of this concept and regards more detailed the problem of a person’s giving out to another states with pointing that countries collaboration (law-enforcement bodies) is in need efficient legislative regulating.
Samsonova O.A. PREVENTION IN CRIMINAL LEGAL PROCEDURE OF THE RUSSIAN FEDERATION: WAYS OF LEGISLATION PERFECTIONThis article is devoted to the norms analysis of criminal and procedural law, regarding to decrease of its preventive potential.
Sementsov V.A. TECHNICAL FIXATION MEANS OF INVESTIGATION ACTIONS CONTENT AND RESULTSThe problems of effectiveness increase of preliminary investigation by means of technical fixation means introduction into the practice of investigation actions production are regarded in this article.
Sirik N.V. PROPERTY INSURANCE IN TOURISMThe subject of research in this article is an agreement of property insurance in tourism. The author proves that property insurance includes: insurance of property, insurance of risks of tourist organization, insurance of civil responsibility of citizens who temporary depart abroad, insurance of auto proprietors’ responsibility, assistance (combined insurance). Specific insurance types of tourist organization responsibility before tourists are insurance in case of "bad weather", violation of customs regulations, insurance of not to leave a place and others. Also the author suggests enlarging legislation of tourist norms, regulating insurance of agreed responsibility of touroperators before tourists.
Slinko S.V. INVESTIGATORY MISTAKES AT CRIMINAL PROCEDUREThe conclusion that investigatory mistakes founded in practice are essential obstacles on the way to the truth achievement of a criminal case, is made on the base of materials summarizing of investigatory, prosecutor’s and court practice of criminal cases investigation and examination. It is marked in the article that the low level of qualification, professional training of law machinery officers leads to the not timely crime exposure of some criminal cases, and to the personal rights and legal interests violation. The problems of preliminary investigation production connected with setting of investigatory and trial mistakes which can be discussed necessarily, are considered in this article too. These mistakes includes such examples as provocation in criminal process.
Smolkova I.V. THE SECRECY OF JUDGES’ DEBATE AND SPECIAL OPINION OF A JUDGEThe problems of correlation of the judges’ debate secrecy and special opinion of a judge are analyzed in this article and the position that special opinion of a judge does not include debate secrecy, is proved here too.
Tarichko I.Yu. THE PROBLEMS OF CRIMINAL LEGAL PROCEDURE SETTINGThe important problems regarding to the problems of criminal legal procedure setting are considered in this article.
Tatianina L.G. "GAP" FOR LAWLESSNESSThe important problems of guarantee of personal rights and legal interests’ defense at criminal legal procedure are considered in this article.
Shinkevich N.E. VICTIM AS A SUBJECT OF ESTABLISHMENTThe disputable questions regarding to a victim as a participant of a process, connected with the process of establishment at criminal cases are considered in this article.
Shkredova E.G. NORMS’ FORMING OF CRIMES PLURALITY IN FRAMES OF UNCODIFIED CRIMINAL LEGISLATION OF RUSSIA (X-XVIII)The problems of crimes plurality, studying of which connected with some difficulties, induced with objective and subjective factors are discussed in this article.
Bibliography
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Editor-in-chief |
Sergey Aleksandrovich
MIROSHNIKOV |
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